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PAROLE AND EXECUTIVE CLEMENCY Q AND A What is parole?
It is the conditional release of a prisoner from correctional institution after serving the minimum period of prison sentence. Who cannot be granted parole?
Generally, those sentenced to a term of imprisonment of one (1) year or less, or to a straight penalty, or to a prison sentence without a minimum term of imprisonment. Who may grant parole to a prisoner?
The Board of Pardons and Parole, an agency under the O ffice of the Secretary of Justice.
WHEN MAY A PRISONER BE GRANTED PAROLE?
Whenever the Board of Pardons and Parole finds that there is a reasonable probability that, if released, the prisoner will be law-abiding and that that the release will not be incompatible with the interest and welfare of society. WHAT HAPPENS IF A PAROLEE VIOLATES THE CONDITIONS OF HIS PAROLE?
The parolee shall be rearrested and recommitted or returned to prison to serve the unexpired portion of the maximum period of his sentence. WHAT IS EXECUTIVE CLEMENCY?
It refers to the Commutation of Sentence, Conditional Pardon and Absolute Pardon maybe granted by the president upon recommendation of the Board. WHAT IS COMMUTATION OF SENTENCE? It is the reduction of the period of a prison sentence.
WHAT IS CONDITIONAL PARDON? It is the conditional exemption of a guilty offender for the punishment imposed by a court. WHAT IS ABSOLUTE PARDON? It is the total extinction of the criminal liability of the individual to whom it is granted without any condition whatsoever resulting to the full restoration of his civil rights. WHO MAY FILE A P ETITION FOR CONDITIONAL PARDON? A prisoner who has served at least one-half (1/2) of the maximum of the original indeterminate and/or definite prison term. WHO MAY GRANT COMMUTATION OF SENTENCE AND PARDON? The President of the Philippines. WHO MAY FILE A P ETITION FOR COMMUTATION OF SENTENCE? The Board may review the petition of a prisoner for commutation of sentence if the following minimum requirements are met: Ø At least one-third (1/3) of the definite or aggregate prison terms; WHO MAY FILE A P ETITION FOR COMMUTATION OF SENTENCE? Ø At least one half (1/2) of the minimum of indeterminate or aggregate minimum of of the indeterminate prison terms; WHO MAY FILE A P ETITION FOR COMMUTATION OF SENTENCE? At least ten (10) years for inmates sentenced to one (1) Reclusion Perpetua or one (1) life imprisonment, for crimes/offenses not punishable under Republic Act No. 7659 and other special laws.
WHO MAY FILE A P ETITION FOR COMMUTATION OF SENTENCE? At least thirteen (13) years, for inmates whose indeterminate and/or definite prison term were adjusted to a definite prison term of forty (40) years in accordance with the provisions of Article 70 of the Revised Penal Code, as amended; WHO MAY FILE A P ETITION FOR COMMUTATION OF SENTENCE?
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At least fifteen (15) years for inmates convicted of heinous crimes as defined in Republic Act No. 7659 committed on or after January 1, 1994 and sentenced to one (1) Reclusion Perpetua or one (1) life imprisonment; WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE? At least eighteen (18) years for inmates sentenced to Reclusion Perpetua or life imprisonment for violation of RA 6495, as amended, otherwise known as “The Dangerous Drugs Act of 1972”, or RA 9165, known as “The Comprehensive Dangerous Drugs Act of 2002”, and for kidnapping for ransom, or violation of the laws on terrorism, plunder, and transnational crimes; WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE? At least twenty (20) years, for inmates sentenced to two (2) or more Reclusion Perpetua or life imprisonment even if their sentences were adjusted to a definite prison term of forty (40) years in accordance with the provisions of Article 70 of the Revised Penal Code, as amended; WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE? At least twenty-five (25) years for inmates originally sentenced to death penalty but which was automatically reduced or commuted to Reclusion Perpetua or life imprisonment. WHO MAY FILE A PETITION FOR ABSOLUTE PARDON? One may file a petition for absolute pardon if the maximum sentence is served or granted final release and discharge or court termination of probation. IS A PRISONER WHO IS RELEASED ON PAROLE OR CONDITIONAL PARDON WITH PAROLE CONDITIONS PLACED UNDER SUPERVISION? Yes, the prisoner is placed under the supervision of a Probation and Parole Officer.
WHAT IS PROBATION? Probation is a privilege granted by the court to a person convicted of a criminal offense to remain in the community instead of actually going to prison/jail. WHAT ARE THE ADVANTAGES OF PROBATION?
a. The government spends much less when an offender is released on probation than that offender be placed behind bars (jails/prisons). b. The offender and the offender’s family are spared the embarrassment and dishonor of imprisonment. c. The offender is able to continue working and can therefore earn income, pay taxes and pay damages to the victim of the cri me. WHO CAN APPLY FOR PROBATION? Any sentenced offender, not disqualified, can apply for probation before serving their prison/jail sentence. WHERE AND WHEN SHALL THE APPLICATION BE FILED? The application shall be filed with the trial court that tried and sentenced the offender at any time after conviction and sentence but within fifteen (15) days after promulgation of judgment. HOW TO APPLY FOR PROBATION? 1. Apply within fifteen (15) days from promulgation of judgment. 2. The court will suspend the execution of sentence and refer the application to the proper probation office for the conduct of postsentence investigation (PSI). 3. The probation officer must submit the Post-Sentence Investigation Report (PSIR) within sixty (60) days upon receipt but the period may be extended in meritorious cases for a period that will be approved by the court. 4. Pending submission of the PSIR and the resolution of the application, the defendant may be temporarily released under bail or be released on recognizance of a responsible member of the community, if defendant is incapable of posting bail. MAY AN ACCUSED WHO APPEALED THE CONVICTION APPLY FOR PROBATION ON REMAND OF THE CASE TO THE TRIAL COURT? As a rule, probation and appeal are mutually exclusive remedies. However, if the judgment of conviction that was appealed imposed non-probationable penalty and the same was modified through the imposition of probationable penalty or conviction for a lesser crime, which is probationable, the accused shall be allowed to apply for probation based on the modified decision before such decision becomes final. The application for probation based on the modified decision shall
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be filed in the trial court, which tried and convicted the accused or in a trial court where such case has been re-raffled. MAY AN ACCUSED IN A JOINT TRIAL APPLY FOR PROBATION EVEN IF THE OTHER CO-ACCUSED APPEALED THEIR CONVICTION? Yes. In a case involving several defendants where some have taken further appeal, the other defendants may apply for probation by submitting a written application and attaching thereto a certified true copy of the judgment of conviction. WHO ARE DISQUALIFIED FROM APPLYING FOR PROBATION? a. Those who are sentenced to serve a maximum term of imprisonment of more than six (6) years; b. Those who are convicted of any crime against the national security; c. Those who have previously been convicted by final judgment of an offense punished by imprisonment of more than six (6) months and one (1) day and / or a fine of more than one thousand (Php1,000.00) pesos; d. Those who have been once on probation under the provisions of this Decree; e. Those who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof.
WHO ARE DISQUALIFIED FROM APPLYING FOR PROBATION? Those legally disqualified under special penal laws: (1) Offenders found guilty of any election offense in accordance with Section 264 of B.P. Blg. 881 (Omnibus Election Code); (2) Offenders found guilty of violating R.A. No. 6727 (Wage Rationalization Act, as amended); (3) Offenders found guilty of violating R.A. No. 9165, The Comprehensive Dangerous Drugs Act of 2002, except Sections 12, 14, 17, and 70. ARE ALL QUALIFIED, CONVICTED PERSONS AUTOMATICALLY ENTITLED TO PROBATION? No. The court will not grant probation if, after investigation the probation officer finds that: a. The offender can be treated better in an institution or in other places for correction; b. The offender is a dangerous risk to the community; or c. Probation will lessen the gravity of the offense.
WHEN PROBATION IS GRANTED, WHAT CONDITIONS ARE IMPOSED BY THE COURT? The probationer must: a. Appear before the probation officer within 72 hours; b. Report to the probation officer at least once a month; c. N ot commit another offense; and d. Comply with any other conditions imposed by the court. HOW LONG IS THE PERIOD OF PROBATION? a. Not more than 2 years if the probationer was sentenced to imprisonment of 1 year or less; b. Not more than 6 years if the probationer was sentenced to imprisonment of more than 1 year. MAY THE OFFENDER BE RELEASED WHILE THE APPLICATION FOR PROBATION IS PENDING? At the discretion of the court, the probationer may be released: a. On the same bond filed during the trial; b. On a new bond; or c. To the custody of a responsible member of the community (if probationer is unable to file the bond). HOW MANY TIMES CAN ONE BE GRANTED PROBATION? An offender can be granted probation only once in a lifetime. WHAT HAPPENS TO A PROBATIONER IF THE CONDITIONS OF PROBATION ARE VIOLATED? The probation officer investigates the alleged violation and if it is established, a report is submitted to the court. Depending upon the nature and seriousness of the violation, there can be modification of the conditions or revocation of probation by the judge. There is also the possibility of arrest including criminal prosecution of probationer in the event of commission of another offense. The revocation proceeding is summary. If the court finds the probationer guilty of serious violation of the conditions of probation, the offender may be ordered to serve the original sentence imposed.
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UNDERSTANDING EXECUTIVE CLEMENCY
Under the same guidelines on extraordinary circumstances, the Board shall also
(Note: Executive Clemency is the power of the President in criminal cases and in
recommend to the President the grant of executive clemency when any of the
state convictions to pardon a person convicted of a crime, commute the sentence
following extraordinary circumstances are present:
(shorten it, often to time already served) or reduce it from death to another lesser sentence. There are many reasons for exercising this power including real doubts
• The trial court or appellate court i n its decision recommended the grant of
about the guilt of the party, apparent excessive sentence, humanitarian concerns
executive clemency for the inmate;
such as illness or an aged inmate, to clear the record of some who has
• Evidence which the court failed to consider, before conviction, which would
demonstrated rehabilitation or public service or because the party is a political or
have just justified an acquittal of the accused;
personal friend of the President. (This definition is lifted from Federal law
• Alien inmates where diplomatic considerations and amity among nations
interpretation which Philippine laws reckon.)
necessitates review; and
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• Such other similar or analogous circumstances whenever the interest of justice will be served thereby.
Prisoners need not lose hope. The rule on the issuance of executive clemency has
In such case none of the extraordinary circumstances enumerated the Board may
been amended to define in clear terms how a person serving time will eventually
review or recommend to the President the grant of executive clemency to an
be released.
inmate provided the inmate meets the following minimum requirements of imprisonment.
Under the new amended rules made by the Board of Pardons and Parole, inmates
For commutation of sentence the inmate should have served:
who suffer from serious, contagious, or life threatening illness or disease and
• At least one – third of the definite or aggregate prison terms;
those prisoners with severe disability can now be recommended for executive
• At least one-half of the minimum of the indeterminate prison term or aggregate
clemency.
minimum of the indeterminate prison terms;
Based on the amended guidelines under the extraordinary circumstances, an
• At least 10 years for inmates sentenced to one reclusion perpetua or one life
inmate suffering from serious, contagious or life threatening disease ,or with
imprisonment, for crimes/offenses not punished under Republic Act No. 7659 and
severe physical disability such as those who are totally blind, paralyzed or
other special laws;
bedridden can be subject for recommendation for executive clemency. • At least 13 years for inmates whose indeterminate and /or definite prison terms However, the condition of the inmate should be certified “under oath” by a
were adjusted to a definite prison term of 40 years in accordance with the
physician of the Bureau of Corrections Hospital and likewise certified under oath
provisions of Article 70 of the Revised Penal Code as amended;
by a physician designated by the Department of Health (DOH).
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• At least 15 years for inmates convicted of heinous crimes as defined in RA 7659or other special laws, committed on or after January 1, 1994 and sentenced to one reclusion pepetua or one life imprisonment; • At least 18 years for inmates convict ed and sentenced to reclusion perpetua or life imprisonment for violation of RA 6425, as amended, otherwise known as “The Dangerous Drugs Act of 1972” or RA 9165 known as “The Comprehensive Dangerous Drugs Acts of 2002”; and for kidnapping for ransom or vi olation of the laws on terrorism, plunder and transnational crimes; • At least 20 years for inmates sentenced to t wo or more reclusion perpetua even if their sentences were adjusted to a definite prison term of forty years in accordance with the provisions of Article 70 of the Revised Penal Code, as amended; • At least 25 years for inmates originally sentenced to death penalty but which was automatically reduced or commuted to reclusion perpetua.( As amended by Board Resolution No. 24-4-10 dated April 13, 2010.) For Conditional Pardon, an inmate should have served at least one-half of the maximum of the original indeterminate and /or definite prison term. (As amended by Board Resolution No. 24-4-10 dated April 13, 2010.) Stated in the same guidelines that “Compliance with the above – mentioned periods of imprisonment shall be without prejudice to the results of publication, community interview, pre-executive clemency investigation report, institutional conduct, NBI records check, psychological test, notices, comments from the victim or victim’s relatives, court certifications of the non -existence of any record of pending appeal or case, and other pertinent documents and factors.”
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